Published: April 25, 2018

On  April 24, 2018, New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act that was passed by the legislature several weeks ago and is aimed at lessening the wage gap in the Garden State. The Equal Pay Act is more comprehensive than similar laws passed in other states because it extends legal protections not just based on gender, but to all protected classes under New Jersey’s Law Against Discrimination (“LAD”).  The bill amends the LAD and makes it illegal for an employer to pay a person protected under the LAD less than an employee performing similar work.

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Published: November 13, 2017

As a follow up to a recent post on this blog, Illinois Equal Pay Act Likely to be Amended to Prohibit Salary History Inquiries, and in a surprising turn of events, the Illinois Senate did not overturn Governor Bruce Rauner’s veto relating to an amendment updating the Equal Pay Act of 2003 that would, among other things, prohibit employers from inquiring about the salary history of applicants.

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Published: November 2, 2017

Following the lead of many states and cities through the country, Illinois is on the verge of amending its Equal Pay Act to prohibit employers from asking job applicants about their salary history, screening job applicants based on wage history or requiring past salary meet a certain criteria. A copy of the draft amended Equal Pay Act is available for review here. This amendment is aimed at eliminating the practice of “low balling” compensation for female applicants during the recruitment

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Published: June 26, 2017

On June 14, 2017, Governor John Carney made Delaware the third state to ban inquiries regarding pay history during the employment application process. Delaware joins Massachusetts and Oregon, as well as Puerto Rico, New York City and Philadelphia, all with similar laws aimed at eradicating the pay disparity between men and women. The Delaware law, set to take effect on December 14, 2017, prohibits employers from asking potential candidates about their pay history until after making a conditional offer of employment.

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Published: June 1, 2017

The Chamber of Commerce for Greater Philadelphia’s lawsuit seeking to block a Philadelphia ordinance that prohibits employers from asking questions about an applicant’s salary history was dismissed by the US District Court for the Eastern District of Pennsylvania on May 30, 2017.  The Chamber has 14 days to file an Amended Complaint to correct a standing issue, according to Judge Mitchell S. Goldberg.
 

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Published: April 19, 2017

On Wednesday, April 5, 2017, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. The law, known as Introduction 1253-A, makes it illegal for any employer and or employment agency in New York City to ask about a job applicant’s salary history, including benefits, or search any publicly available records to obtain such information.

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Published: January 27, 2017

Philadelphia’s mayor signed a law this week that restricts employers from asking job applicants to disclose salary history information or to require disclosure of wage history.  It also prohibits employers from relying on wage history of a prospective employee in determining the wages for the applicant, including the negotiation of an employment contract,  unless the applicant voluntarily discloses that information to the prospective employer.  The law prohibits retaliation against a person who refuses to provide wage history information.  
 

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